Presentation by Michelle Harrington of Center for Biological Diversity-topic- lawsuit affecting the headwaters of the Verde.

Slide show in PDF format.

VRCA Big Chino Water Ranch presentation Saturday, January 21, 2006

Outline:
• Prescott/Prescott Valley purchased the Big Chino Ranch (formerly JWK Ranch) in the Big Chino Valley for the sole purpose of pumping and transporting groundwater

• Hydrologic connection exists between the Big Chino Valley aquifer and the surface flows of the Verde River

• Endangered species rely on the Verde River for survival

• Verde River’s future impacts downstream users, recreationists, and wildlife

• Center for Biological Diversity filed Notice of Intent to Sue the cities for Endangered Species Act Section 9 violations






Big Chino Water Ranch project:
On December 7, 2004, the City of Prescott and Town of Prescott Valley finalized their purchase of the Big Chino Ranch (formerly JWK Ranch) for the sole purpose of pumping and transporting up to 12,400 acre-feet of water per year. The municipalities are allowed to do this interbasin water transfer from the Big Chino sub-basin into the Prescott Active Management Area because of Arizona Revised Statute 45-555.

What the legislature was not aware of at the time the statute was passed is that more than 80% of the Verde River base flows come from the Big Chino aquifer. This hydrologic connection is verified in U.S. Geological Survey reports from 2000 and 2005. Reports also indicate that pumping such a large quantity of water from the Big Chino will reduce the base flows of the Verde River. A reduction in Verde River flows will impact native fish and wildlife, recreationists, Middle Verde River communities, the Verde Wild and Scenic River area, and SRP’s water supplies for Phoenix.

The Center for Biological Diversity’s mission is to protect imperiled species and the habitats they need in order to survive. In order to protect habitat for endangered and threatened species, such as the bald eagle and southwestern willow flycatcher, the Center filed a notice of intent to sue Prescott and Prescott Valley for Endangered Species Act Section 9 violations. The Center’s concern is that the cities’ planned Big Chino groundwater pumping will result in the “future take” of listed species. The Center is currently waiting for the cities to engage in federal permitting activities before filing their lawsuit.

Despite more than a year of “mitigation” meetings held by Prescott, no mitigation plan or Habitat Conservation Plan exists. The cities are aware that mitigation will be required to offset reduced Verde River base flows if their project is to proceed, but have only proposed to monitor groundwater levels. The Center says monitoring is not enough, and the cities should not consider retiring agricultural lands that are not currently being irrigated, augmenting base flows by pumping groundwater directly into the river, or supplementing the river with effluent. These water augmentation plans require pumping to succeed, and effluent has been proven to be damaging to fish reproduction.

The cities face a crucial decision as they move forward with their Big Chino Water Ranch project: will they formalize a mitigation or habitat conservation plan that will adequately protect the Verde River, or will they choose to face a lawsuit that could shut the project down?


Title II:
Also in store for the Verde River, the Northern Arizona Land Exchange and Verde River Partnership Act of 2005 (Ruskin land trade) created a multi-stakeholder partnership to work out water issues on the Verde River. This partnership is based on the Upper San Pedro Partnership in southeastern Arizona which was tasked with identifying strategies to reach basin sustainability. However, these partnerships do not have any real authority to implement the strategies or otherwise adequately protect their respective rivers. The partnerships’ funding is also not secure.

It is valuable for citizens to remain engaged in the activities of the Verde River Partnership, but the Center warned that this group cannot be counted on to save the Verde River.

Center for Biological Diversity
P.O. Box 39629 - Phoenix, AZ 85069
ph: 602-628-9909
fx: 602-249-2576
www.biologicaldiversity.org